WAGNER v. MAYOR, ETC., CITY OF NEWARK


42 N.J. Super. 193 (1956)

126 A.2d 71

GEORGE J. WAGNER AND PROPERTY OWNERS PROTECTIVE ASSOCIATION, A CORPORATION OF NEW JERSEY, PLAINTIFFS, v. THE MAYOR AND THE MUNICIPAL COUNCIL OF THE CITY OF NEWARK, DEFENDANTS.

Superior Court of New Jersey, Law Division.

Decided October 9, 1956.


Attorney(s) appearing for the Case

Mr. Harry Weltchek for the plaintiffs (Messrs. Weltchek & Weltchek, attorneys).

Messrs. Jacob M. Goldberg and Joseph A. Ward for the defendants (Mr. Vincent P. Torppey, attorney).

For amici curiae:

Mr. Leon S. Milmed for the Township of Weehawken (Messrs. Milmed & Rosen, attorneys).

Mr. Jacob Dregin for the City of Bayonne (Mr. Frank J. Ziobro, attorney).

Mr. Cyril J. McCauley, attorney for the City of Union City.

Mr. Samuel L. Hirschberg, attorney for West New York.

Mr. Dudley A. Schlosser for the City of Hoboken (Mr. Robert McAlevey, Jr., attorney).

Mr. Ralph P. Messano for the City of Jersey City (Mr. James A. Tumulty, Jr., attorney).


WEINTRAUB, J.S.C.

The complaint attacks the validity of a rent control ordinance adopted by the City of Newark. The ordinance contains a finding of an emergency with respect to housing and declares the ordinance "to be necessary and designed to protect the public health, safety and welfare, and that this ordinance is adopted pursuant to the police powers of the City of Newark."

Plaintiffs move for summary judgment...

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